Imagine… 💭 You happen to be the biggest soft drinks producer around, and you’ve just acquired a company in Germany that makes organic soft drinks. Your product line didn´t feature such a beverage until now, and to strengthen your position on the market you needed to find just such a producer... No sooner said than done!

The acquisition did not have to be notified to the European Commission or the German Competition Authority: the revenue figures of the local producer were low enough not to exceed the notification thresholds on either the EU or national level. Hence you were delighted when your in-house counsel told you that you could proceed with the takeover right away. Experience has taught you that such a notification procedure can take a great deal of time...

But even before you have a chance to celebrate the acquisition, your phone starts ringing off the hook. The day after sending out the press release proudly announcing the acquisition, the German Competition Authority informs you that it started an investigation into possible abuse of dominant position.

Abuse of dominant position? You nearly fall out of your chair: the acquisition didn’t even have to be notified! This can´t be possible - or can it?

👉 Read our latest In the Picture ”Anyone in for some more legal uncertainty for acquisitions?“, written by our senior associate Laura Sente and our partner Herlinde Burez.

#competitionlaw #mergercontrol #abuseofdominance #antitrust #telecom #towercast #inthepicture #EU